What should I do if I am partially at fault for the accident?

Even if you believe you were partly responsible for the accident, it’s crucial not to admit fault to anyone, especially the driver, their insurance company, or even the police at the scene. California operates under a “pure comparative negligence” system, which means you can still recover damages even if you are found to be partially at fault. Your compensation will simply be reduced by your percentage of fault. For example, if you are found 20% at fault, you would still receive 80% of your total damages. An experienced attorney can effectively argue your case and minimize your assigned percentage of fault, ensuring you receive the maximum possible compensation. Do not let concerns about partial fault deter you from seeking legal guidance.

How long does it typically take to resolve a pedestrian injury case?

The timeline for resolving a pedestrian injury case can vary significantly, ranging from a few months to several years, depending on factors such as: severity of injuries (often waiting until maximum medical improvement to value future care and earnings), complexity of liability (especially if disputed or multiple parties are involved), cooperation of insurance companies (uncooperative carriers may necessitate filing a lawsuit), and court backlogs if litigation is required. While our team strives for efficiency, our priority is securing full and fair compensation—even if that means taking the time necessary to build the strongest case.

Will I have to go to court?

Most personal injury matters, including pedestrian accident claims, resolve through negotiation and settlement outside of court. Our goal is always to obtain a fair settlement without litigation. If the insurer refuses a just offer, our Bakersfield pedestrian accident lawyer team is fully prepared to go to trial. We will discuss options, advise you clearly, and ensure you feel prepared at every step—whether through negotiation or litigation.

What if the driver who hit me fled the scene (hit-and-run)?

Hit-and-run accidents are frightening, but you still have options. If the driver is later identified, we can pursue a claim against them. If they are never found, your Uninsured Motorist (UM) coverage—on your policy or a household member’s—may step in to compensate you. Our firm helps investigate the hit-and-run, coordinate with law enforcement, and explore all available insurance avenues to maximize recovery.

How much does it cost to hire a pedestrian accident lawyer?

At Culver Legal, we work on a contingency fee basis. You pay nothing upfront; our fee is a percentage of the compensation we recover for you. If we don’t win, you owe no attorney’s fees. This allows you to pursue justice without financial burden.

Pedestrian Accident Lawyer Bakersfield

A pedestrian struck by a vehicle in Bakersfield faces a brutal reality: serious injuries, mounting medical bills, and an insurance company that is already working to minimize what they pay out. You do not need to figure this out alone. Culver Legal represents pedestrian accident victims across Kern County with one goal: getting you the maximum compensation you are owed.

Pedestrian accidents are not minor incidents. The California Office of Traffic Safety consistently ranks Bakersfield among the state’s most dangerous cities for pedestrians, with fatalities and severe injuries reported near busy corridors like Stockdale Highway, White Lane, and the stretch of California Avenue running through central Bakersfield. When a vehicle strikes a person on foot, the injuries are often catastrophic. Broken bones, traumatic brain injuries, spinal damage, and internal bleeding are common. The costs that follow, such as surgeries, rehabilitation, lost income, and long-term care, can exceed what most families are prepared to handle.

Pedestrian crossing a Bakersfield street with heavy traffic in the background

Culver Legal has recovered over $1 billion for injured clients across California. Our attorneys handle pedestrian accident cases throughout Bakersfield, and we know how Kern County Superior Court operates, how local insurance adjusters work, and what evidence moves these cases toward favorable outcomes. We offer a free case evaluation, work on contingency, and are available 24/7. You pay nothing unless we win.

California Law and Your Rights as a Pedestrian

California Vehicle Code Section 21950 requires drivers to yield to pedestrians at marked and unmarked crosswalks. When a driver fails to do that and hits someone, the law treats that failure as a form of negligence. But negligence alone does not automatically mean a clean path to full compensation. Insurance companies will look for any reason to shift partial blame onto the pedestrian.

Under California’s pure comparative fault system, fault is divided between all parties involved. If your case is worth $1,000,000 and an insurer argues you were 25% at fault, say for crossing slightly outside a marked crosswalk, you still recover $750,000. You can file a claim even if you are found 99% at fault. Fault reduces your recovery. It does not eliminate it.

Bakersfield pedestrian accident claims are also subject to the California Freedom to Walk Act (AB 2147), which made it legal to cross outside a marked crosswalk when it can be done safely. However, if a pedestrian creates a foreseeable hazard by stepping suddenly into traffic, walking against a signal, or crossing while distracted, those facts can be used to argue comparative negligence. Our attorneys understand how to counter those arguments with evidence.

Under California Code of Civil Procedure Section 335.1, you have two years from the date of injury to file a personal injury lawsuit. If the driver who hit you was a government employee operating a public vehicle, a separate administrative claim must be filed within six months of the incident. Missing either deadline ends your ability to recover.

Common Pedestrian Accident Injuries in Bakersfield

Pedestrians have no protection when struck by a vehicle. The injuries Culver Legal sees most often in Bakersfield pedestrian cases include:

Traumatic brain injuries, ranging from concussion to severe TBI requiring long-term cognitive care
Spinal cord damage and fractures, sometimes leading to partial or complete paralysis
Broken legs, hips, and pelvis fractures often require surgery and extended rehabilitation
Internal organ damage and internal bleeding
Severe road rash and soft tissue injuries
Wrongful death when the victim does not survive

Injuries from pedestrian accidents often worsen in the days and weeks following the crash. What feels like soreness or stiffness on day one may turn out to be a herniated disc or a brain bleed that did not show on initial imaging. Getting immediate medical care and continuing that care without gaps is critical for both your health and your claim.

What to Do After a Pedestrian Accident in Bakersfield

Call 911 immediately. Get law enforcement and emergency medical services to the scene.
Accept emergency medical treatment. Do not refuse or minimize your symptoms at the scene.
Get the driver’s name, license plate, insurance information, and driver’s license number.
Photograph everything: the scene, the vehicle, skid marks, crosswalk markings, traffic signals, and your injuries.
Collect contact information from any witnesses.
Follow up with a physician within 24 to 48 hours, even if you were treated at the scene. Document all symptoms in writing.
Do not give a recorded statement to any insurance company before speaking with a lawyer.
Contact Culver Legal before accepting any settlement offer.

Expert Legal Tip from the Attorneys at Culver Legal: One of the most damaging things a pedestrian accident victim can do is accept a ride home from the scene and skip the ER. Insurance adjusters treat the absence of an ambulance or emergency room record as evidence that the injuries were not serious. Even if you feel okay, get evaluated the same day. That record is one of the most important pieces of evidence in your case.

What NOT to Do After a Pedestrian Accident

The insurance company for the driver who hit you is not on your side. Their adjusters are trained to reduce or deny claims. Avoid these mistakes:

Do not say “I’m fine” or “It’s not that bad” at the scene. Adrenaline masks pain, and some injuries take days to fully present.
Do not agree to a recorded statement. You are not legally required to give one without an attorney present.
Do not accept a quick settlement. Early offers are made before the full scope of your injuries and future costs is known.
Do not post anything about the accident or your injuries on social media.
Do not sign any release without having an attorney review it first. Once signed, you cannot go back for additional compensation.

Insurance adjusters also look for gaps in medical treatment. Even a few days between the accident and your first medical visit can be used to argue your injuries were not caused by the crash or were not serious. Establish a clear, unbroken medical record starting the day of the incident.

Crosswalk near downtown Bakersfield with California Avenue in the background

Why Pedestrian Accident Cases in Bakersfield Are Legally Complex

These cases are not straightforward insurance claims. Several factors make pedestrian accident litigation in Bakersfield particularly challenging:

Disputed right-of-way: Insurers frequently argue the pedestrian was not in a legal crosswalk, crossed against a signal, or was distracted. Surveillance footage, traffic signal timing records, and witness testimony are often required to refute these arguments. Evidence disappears quickly.

Comparative negligence tactics: Even when a driver is clearly at fault, adjusters will assign partial blame to the pedestrian to reduce the payout. Our attorneys build the record early to control how fault is framed.

Severity of injuries and future costs: Catastrophic pedestrian injuries require life care planning, vocational assessments, and expert projections on future medical costs. Insurers routinely undervalue lifetime care needs. Getting those projections right requires legal experience and the right medical experts.

Multiple liable parties: In some Bakersfield cases, fault extends beyond the driver to a municipality that failed to maintain a crosswalk, a business that obscured a driver’s sightline, or a vehicle manufacturer with a defective braking system. Identifying every liable party is essential to a full recovery.

Our Bakersfield pedestrian accident clients rely on Culver Legal’s experience handling personal injury litigation across California to navigate these complexities from day one.

What You Can Recover

A successful pedestrian accident claim in California can include compensation for:

Emergency room treatment, surgeries, hospitalizations, and specialist care
Physical therapy, rehabilitation, and long-term medical costs
Lost wages and diminished future earning capacity
Pain and suffering
Emotional distress and loss of enjoyment of life
Property damage, if applicable
Wrongful death damages if the victim did not survive

Why Choose Culver Legal

Culver Legal has recovered over $1 billion for injured Californians. Our results include a $4 million auto accident recovery, a $3.55 million auto accident settlement, and a $3 million truck accident verdict. Our attorneys, Thanos Simoudis, David Merabi, Dario C. Gomez, Victoria Manesh, Michael Domingo, and Michael B. Huynh, handle pedestrian accident cases with the aggression these cases require.

We are bilingual in English and Spanish. We are available 24/7. We work on a contingency fee basis, which means you pay nothing unless we win your case. Our free case evaluation gives you a clear picture of your legal options with no obligation.

Bakersfield pedestrian accident victims we serve are located throughout Kern County, including communities near the Downtown Bakersfield corridor, Rosedale, Oleander, Oildale, and surrounding areas. We also serve clients in Fresno, Los Angeles, Long Beach, Gardena, San Diego, Huntington Park, and across California.

Frequently Asked Questions

How long do I have to file a pedestrian accident claim in Bakersfield?

Under California Code of Civil Procedure Section 335.1, you have two years from the date of your injury to file a personal injury lawsuit. If the driver was operating a government vehicle, you must file an administrative claim with the relevant agency within six months. Waiting too long forfeits your right to recover. Call Culver Legal as soon as possible after the accident.

Can I recover compensation if I was partially at fault for the accident?

Yes. California is a pure comparative fault state. If you were 30% at fault and your total damages are $500,000, you can still recover $350,000. Fault reduces your recovery but does not eliminate it. Insurance adjusters will attempt to inflate your percentage of fault to reduce their payout. Our attorneys contest those arguments with evidence.

What if the driver who hit me was uninsured?

Uninsured motorist coverage on your own auto policy may cover your injuries even if you were on foot. California Insurance Code requires insurers to offer UM/UIM coverage. Hit-and-run accidents may also qualify under a UM policy. Our attorneys will review all available insurance coverage to identify every source of compensation.

Does my immigration status affect my right to file a claim?

No. California law prohibits using immigration status in personal injury cases. Your status has no bearing on your right to file a claim or recover compensation. Culver Legal is bilingual and represents clients regardless of immigration status.

What if my pedestrian accident happened near a Bakersfield school zone or intersection known for accidents?

Location matters. If your accident occurred at an intersection with a history of pedestrian crashes, near a school zone with inadequate signage, or at a crosswalk the city failed to maintain, there may be a government liability claim in addition to the driver’s liability. These claims are time-sensitive. Administrative claims against government entities must be filed within six months of the incident.

Culver Legal attorneys reviewing a pedestrian accident case in California

Local Resources for Bakersfield Pedestrian Accident Victims

If you or a family member was injured in a pedestrian accident in Bakersfield, the following local resources may be helpful. We do not endorse these organizations or profit from listing them.

Kern County Superior Court (Metropolitan Division)
1415 Truxtun Ave, Bakersfield, CA 93301
kern.courts.ca.gov

Bakersfield Memorial Hospital (Dignity Health) – Emergency Room
420 34th St, Bakersfield, CA 93301
Open 24 hours
dignityhealth.org

Accelerated Urgent Care
212 Coffee Rd, Suite 100, Bakersfield, CA 93309
acceleratedurgentcare.com

Other Services We Handle in Bakersfield

If you were struck by a vehicle in Bakersfield, time matters. Evidence fades, witnesses become harder to locate, and insurance companies begin building their defense immediately. Culver Legal is ready to fight for you right now. Call Now, (310) 600-7881 for your free case evaluation.

This content has been reviewed by the attorneys at Culver Legal, LLP, licensed to practice law in the State of California.

Attorney Advertising. Prior results do not guarantee a similar outcome.

Culver Legal, LLP
5670 Wilshire Blvd., Suite 1370
Los Angeles, CA 90036
(310) 600-7881

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